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ASFE Announces Limitation of Liability Report

July 05, 2005

ASFE has announced the availability of their Practice Alert 33, “Limitation of Liability: The State of the Practice,” which presents results of the survey conducted by ASFE’s Business Practice Committee.

How often do clients accept ASFE members’ contracts when they include a Limitation of Liability (LoL) provision? How often are members able to add an LoL provision to clients’ standard contracts? To what extent does LoL acceptance differ by client type? How frequently do government clients accept LoL? What are some of the typical limits used? Under what conditions do members negotiate higher limits? How do they handle the heightened risk that occurs as a consequence of a higher limit (or no limit at all)? When a dispute arises and the contract has an LoL provision in it, what’s the provision’s effect? How often do subconsultants and subcontractors accept an LoL? Answers to these and other questions are available for download at the ASFE website.

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